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STATE v. GILCHRIST

885 A.2d 29 (2005)

381 N.J. Super. 138

STATE of New Jersey, Plaintiff-Appellant, v. Marquis GILCHRIST, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 2005.

Attorney(s) appearing for the Case

Edward J. De Fazio, Hudson County Prosecutor, attorney for appellant (John R. Mulkeen, Assistant Prosecutor, on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondent (Abby P. Schwartz, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges WEFING, WECKER and GRAVES.

The opinion of the court was delivered by

GRAVES, J.A.D.

In this case we must decide whether the State can be compelled to provide defendant Marquis Gilchrist with a photograph of M.C., an adult female he allegedly raped. On March 15, 2005, the trial court considered defendant's motion "for an order directing the prosecutor to provide the defense with a photograph of the complaining witness, . . . pursuant to court Rule 3:13-3(c), the Sixth Amendment...

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